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Hearing video

ZBA Hearing - February 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 3, 20215h 41m

feet deep. It's very unusual. It's a one-story structure as it exists. Here's the property as

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you can see it. It's like a bunch of little garages that were for horse carts and then

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ultimately for hot dog carts. That's the side elevation for Sloan Street. The plans for the

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interior. Again, this is not going to be an Eden property. It's just going to be

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just purely take out. Most of it is prep. There are, there's an entrance here for folks to come

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in and to work. There's also a store, you know, storage for trash. And there are

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certain areas in order to pick up and deliver halal. It's going to be basically a halal

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restaurant, which is, as you know, very popular now for Mediterranean restaurant. Here is the

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corner property. It's surrounded by CMX-2. It's adjacent to RM-1. Here it is again.

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here's the unit right there again RM1 CMX2 there are some RSA5 corners but all of them are

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multifamily with ZBA variances and I think what's most important is to see how this property

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has been handled through the years.

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So I think it's important to show you.

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2010, it was, again, commercially represented.

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This is 1942.

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It was by the Planning Commission itself.

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commercially represented different than the other single-family homes on Sloan Street.

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Here's 1895. This particular corner was dealt differently than the rest of the homes on Sloan

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Street. It's always been treated. Here's 1910. Again, 450, always been designated as something

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other than single family because as you can see there's single family here and then in yellow

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there's 450 which is again consistently dealt with as something different

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than the rest of the block. Here's the interior of the property as it exists.

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You know we met with the community organization

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um of course here's the flyer here's the deed

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Um, of course, here's the flyer. Here's the deed.

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They would like an RSA five use. They would like a single family use problem is, and we've, here's the proof of mailing 98 pieces.

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Problem is, is that this property has never been a single family home like ever.

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We go back to 1895, and what we've determined in its historical use, because it's almost 23 feet wide, is that the property has never been, nor was it ever considered, even with the Planning Commission, a lot that should have been for single-family homes.

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It's on Spring Garden Street, which is a, you know, not a quiet block.

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It's across the street from CMX2 uses.

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It's adjacent.

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Everything along here is RM1 multifamily, you know, dwellings and or commercial properties.

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So to require this property after 135 years to be a single family home would be doing something that's inconsistent with 135 years of history for this property.

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And as a result, we respectfully request that he be able to put out what his proposal is.

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His proposal is very specific, and we've met with the community on a couple of occasions, and what he'd like to do is a pizza parlor. Basically, it's a halal restaurant, but the hours would be very limited, 12 noon to 9 p.m.

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uh two or three employees and that includes himself as the owner

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the entire perimeter of the property would be lit up with flood lighting and would also have

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a security cameras right now it's a very dark and dangerous corner that as you can see based on

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what we've shown you is there's no activity on that corner. And we think we can actually

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add a benefit to that block and that corner. Now, is the property conducive to a single

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family dwelling? No. Every single family dwelling on Sloan is 15 feet wide. Here's a 23 feet wide

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corner that has never served as a single family home. So what he'd like to do is do something

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that actually faces Spring Garden Street, which is where the commercial space is, but do it in a

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way that is consistent with safety and security issues with the community. Again, 12 noon to 9

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p.m. closed down at nine security lights security surveillance something that that corner has never

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had so we respectfully request the zoning relief on this particular property 135 years of use

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has shown this is that this has never been you know for single family home development

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And we just ask that we allow us to do something that's going to be actually positive, but again, not complying with the code.

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How many days a week? Seven days?

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No, no, no. Sundays is closed. Six days a week.

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Monday through Saturday?

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Saturday, noon to 9 p.m.?

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Just noon to 9.

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That's it.

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I mean, it's really, I mean.

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Trash?

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Where does trash get stored?

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Trash is stored in the rear of the property, but taken out by a commercial trash pickup.

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Is there a takeout window?

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Twice a week.

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Well, that's all there is.

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I mean, it's nice.

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I'm asking, is it a takeout window?

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Yeah.

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I mean, let's look.

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here's a service window here and a service window here that's it yeah that's okay

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that's all there is i mean there's no place for loitering or hanging out or anything like that

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the entire perimeter of the property would be lit up with floodlights all corners will be hit by

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uh surveillance cameras again right now it's a very dark and dank place um and i know you know

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surveillance cameras again right now it's a very

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some folks would prefer dark and dank but i you know but at the end of the day this will this will

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uh make sure that uh you know some undesirable issues are sort of uh dealt with by lighting it

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up and making sure that there are surveillance cameras. We have the trash is right here

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in the storage area. So commercial trash pickup comes up, takes the trash out of here and brings

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it out. There's no reason to keep trash on the sidewalk, as you can see here on the left-hand

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side, and he just wants to be able to provide halal, and I'm sure you know what that is,

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chicken over rice and chicken over vegetables, and there's lamb and gyros and all that,

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which is very popular right now, and, you know, but it's certainly not a lot that is

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conducive to a single family home. Does your, is your client available? Yes. You can call

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Michael. Please raise your hand. It's Michael Bissert. Michael.

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this is michael briscoe i am not the owner i am a member of the committee rco committee

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if you ask we'll get to you we'll get to you shortly sir yes i'm looking for my client

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i'm sorry i got the wrong mic i decided hello okay jason it's all right can you hear me now

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yes good afternoon please identify yourself spell your first and last name

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Basir Mike Qureshi

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Michael can you put your address on the record

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and spell your last name

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450 North Sloan Street

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Philadelphia PA

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and please spell your last name

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Q-U-A-R-A-S-H-I

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do you swear and affirm

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to tell the truth the whole truth and nothing but the truth

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yes I do

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Michael did you hear my

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presentation to the board this evening yes and was it true and accurate to the best of your knowledge

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yes and would you adopt it as your own testimony sir yes thank you thank you questions from the

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board no no no anyone would like to testify please raise your hand at this time

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it was another michael i believe he had his hand up yeah mr michael uh briscoe he still has his

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hand up yes briscoe are you um still waiting to speak if so yes i am sworn in good afternoon sir

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or good evening please identify yourself spell your name for the record and provide us with your

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address? Michael Briscoe. My address is 4053 Spring Garden Street. Would you spell your last

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name, sir? B-R-I-S-C-O-E. And do you swear and affirm to tell the truth, the whole truth, and

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nothing but the truth? Yes, I do. Thank you. Please proceed. Yeah. Good afternoon. Thank you for your

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time uh the counselor referred to that corner as dark and dink a couple of times uh chairperson

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it's not dark and dink it's a nice little uh residence with which is sandwiched between

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lancaster avenue and market street nice single homes i walk that that garage area right there

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on screen, me and my wife, we walk past there towards the Presbyterian Hospital. And by the

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way, to the left of that garage section is the police parking lot for the 16th District. So

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it's not well-traveled. It's not a dangerous. It's not a bad place. The neighborhood is nice

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and comfortable. Nice. People have their children riding up and down Spring Garden Street

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on bicycles. The concern has to do with the increased population that's going to be

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frequenting the takeout, in addition to the cars that will be coming by to purchase.

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takeout. In addition to the cars that will be coming by to purchase their chicken or whatever

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they're going to sell. We have, right now, we have a takeout place maybe 30 feet to the north of this

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place. We have another one on 42nd Street to the west. We have another one on 38th Street to the

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east and of course we have Market Street. This is not a good idea for our community right now.

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That's my position and we had a vote on it and that's the majority of the people in this area.

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A single family home or two would be ideal. That's my position and that's the position

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of our meeting. Thank you for your time. Thank you sir for for testifying.

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Anyone else would like to testify? Please raise your hand.

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Mr. Chair, I have someone's hand raised whose number ends in 3452. I will allow them to speak at this time.

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Hello, Mr. Chairman, can you hear me?

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Yes, please identify yourself, name and address by your last name.

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My name is Charles Bode, B-O-D-E, 4014 Spring Garden Street, which is about 300 feet from the property.

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Do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, sir. Please proceed.

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Okay, I have a few brief points.

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First, there is no hardship in this case.

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And as to the history, it has always been a quiet property.

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A garage for horse carriages is very quiet.

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And that was 130 years ago, as the applicant states.

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If we don't ever allow the zoning to be modernized and changed, we'd never get anywhere.

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So at some point, the zoning was changed to be single family.

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And we have to understand, in our neighborhood, we have provision for multiple types of zoning, all the way from single-family to CMX4 down on Market Street.

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And we have zoning for commercial, I believe it's CMX2, but for commercial properties on Lancaster Avenue, which is the proper place for a takeout restaurant.

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We have the Promise Zone, a federal designation, which is trying to work on improving the neighborhood.

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We have at least two organizations paying people to try and get businesses and improve Lancaster Avenue.

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One is the LA21 Business Association, and one is the People's Emergency Center, CDC.

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They're working very hard to get businesses on Lancaster Avenue.

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And as most people are probably aware, businesses build businesses.

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So we want to keep them, we have a proper place for them in our neighborhood.

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It's not an exclusive zoning.

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There will always be a property on a zoning boundary when there are multiple types of zoning.

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But if we keep nibbling away, then there's no point in having zoning or having a zoning map.

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So we have provision for the restaurant and we would welcome it on the avenue.

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um as the previous speaker mentioned the police are at our corner at that corner they frequently

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park there and that actually is one of the traffic problems because all of a sudden the

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police cars are flying around because something happened but if we have a crowd of people standing

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there it's going to be another problem there so we would request that the variance be denied

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and it denies a family an opportunity to have a home.

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And as the entire United States has seen for the last approximately year

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with all this protest or whatever we would politically correctly describe it,

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there's a big problem with families not being able to build wealth

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by not being able to own a home.

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This is an opportunity that the city has created by zoning it for a single family

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for a family to have a home.

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And we have had several single-family homes built in our neighborhood,

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and there have been some that have been quite large.

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There is one on 42nd Street.

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I'm sorry, I apologize.

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It's 41st Street, approximately 429.

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I forget the exact number right now.

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And I thought they were building a fraternity house,

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but someone moved in about two or three years ago.

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So as to the lot being large, that enables the space for our yard,

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a side yard, a backyard.

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yard we keep hearing that we need space around we keep asking can we ask more variance because

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there isn't a nine feet or whatever is in the back this lot it would enable a proper single

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family house to be built so i would request that it be denied that the restaurant can

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So I would request that it be denied, that the restaurant can go on Lancaster Avenue where there's a place for it and where it would be welcome.

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There are vacant stores right now.

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I believe 3974 has a for rent sign on it right now.

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So we would welcome the store on Lancaster Avenue and we would request it be denied here.

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Thank you.

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Thank you.

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Anyone else to testify?

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Mr. Chairman, please let me know when I can respond to some of that, okay?

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Yeah, just allow anyone else to testify.

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Something new and different?

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Yeah.

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Mr. Chair, I have a Ms. Elizabeth Warren right now.

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I will allow her to speak.

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Good evening, ma'am. Please identify yourself with a net record, spell your last name,

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and provide us with your address.

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are you available so please don't meet your microphone

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Okay, can you hear me?

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Yes, ma'am.

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Please identify yourself, name and address.

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Elizabeth Waring, W-A-R-I-N-G, 4023 Powleton Avenue.

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Waring, affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, ma'am.

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Please proceed.

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So I walk in that area all the time, and it's not dark and dinky.

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I don't know where that came from.

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But there are already a few businesses, daycare, the People's Emergency Center there.

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The People's Emergency Center has a housing unit for women and children there in that immediate area.

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Also, as I said, the police station, there's a donut shop and others leading into Lancaster Avenue.

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